Appeal Court Backs High Court, Bars INEC from Recognizing ADC Congresses by Mark-Led NWC

By Victor Idajili

The Court of Appeal in Abuja has affirmed a Federal High Court judgment stopping the Independent National Electoral Commission (INEC) from recognizing any state congresses conducted by committees set up by the David Mark-led Caretaker/Interim National Working Committee of the African Democratic Congress (ADC).

In a 2-1 split decision delivered on Monday, the appellate court dismissed the ADC’s appeal and upheld the April 29 ruling by Justice Joyce Abdulmalik of the Federal High Court, Abuja.

  
Justices Okon Abang and Donatus Okorowo formed the majority. Delivering the lead judgment, Justice Abang held that the Federal High Court was right to assume jurisdiction over the case filed by some state chairmen and executives of the ADC.

He faulted the party’s argument that the matter was purely an “internal affair.”  
“Where the appellant violates its constitution, it transcends its domestic affairs,” Justice Abang said.

He compared the case to two recent Supreme Court decisions involving the PDP, noting that the core issue was non-compliance with democratic standards in running political parties, not internal party politics.

Justice Abang also dismissed claims that the plaintiffs engaged in forum shopping or failed to exhaust internal party mechanisms. He pointed out that the ADC did not appeal the trial court’s endorsement of a December 23, 2023 mediation report that extended the tenure of the plaintiffs. 

Because of that, he said, the party could no longer challenge the validity of that report.

The court declared lawful all the reliefs granted by the trial court, nullified all state congresses held while the suit was pending*, and awarded N10 million in costs against the ADC in favor of the plaintiffs.

  
Justice Abba Mohammed disagreed. He held that the trial court lacked jurisdiction because the subject matter was internal to the ADC. He set aside Justice Abdulmalik’s judgment, arguing that any proceedings conducted without jurisdiction amount to a nullity regardless of how well they were handled.

The case, FHC/ABJ/CS/581/2026, was filed by Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Gyang, and Patrick Obianyo — suing for themselves and on behalf of all ADC State Chairmen and State Executive Committees.

Defendants include the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor — sued on behalf of the Caretaker NWC — and INEC.

The plaintiffs argued that the Mark-led caretaker committee had no power to set up congress committees to conduct state congresses slated for April 2026. They said it violated the ADC constitution.

 
Justice Abdulmalik had ruled that:
INEC must not recognize or participate in any state congresses organized by committees appointed by the Mark-led caretaker NWC.
 The duty to conduct state congresses lies with state executive committees, not the national caretaker committee.
 The four-year tenure of state working and executive committees remains valid until proper congresses and a national convention are held.
 The caretaker NWC lacked constitutional authority to take over the powers of elected state organs.

She also barred the Mark-led leadership from interfering with elected state executives or organizing congresses in ways not provided for in the party’s constitution.